HomeMy WebLinkAbout023890 ORD - 12/21/1999AN ORDINANCE
ANNEXING TWO TRACTS OF LAND ADJACENT TO THE CITY LIMITS
ON MUSTANG ISLAND, LOCATED BETWEEN MUSTANG ISLAND
STATE PARK AND THE CITY OF PORT ARANSAS; PROVIDING FOR A
SERVICE PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING
THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL
RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND
PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE
SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES,
RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE
OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR
SEVERANCE; AND—PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY..
WHEREAS, the City of Corpus Christi desires to annex two tracts of land on Mustang
Island, located between Mustang Island State Park and the City of Port Aransas, into
the City of Corpus Christi;
WHEREAS, on November 9th and 16th, 1999, public hearings were held by the City
Council, during City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the hearings in a newspaper of
general circulation in the City of Corpus Christi, for the consideration of annexation
proceedings and the service plan for the defined lands and territory, during which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, a service plan for the area proposed to be annexed was made available for
public inspection and explained at public hearings on November 9th and 16th, 1999;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus
Christi;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed constitutes lands and territories subject to annexation as provided by the
City Charter of the City of Corpus Christi and the laws of the State of Texas; and
WHEREAS, this annexation includes property owned by the City of Corpus Christi,
which is less than 1,000 feet wide, that will be contiguous with the boundaries of the
City of Corpus Christi on at least two sides, i.e., the City's current city limits along the
Gulf of Mexico on the east and additional territory being annexed on the west side of
the property that is located between State Highway 361 and the current city limits along
the Corpus Christi Bay shoreline; and
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WHEREAS, the annexation of the City's lot is in the public's interest, since it will put the
lot within the City's law enforcement jurisdiction and will assure the City's ability to use
the lot to improve public access to the beach along Gulf of Mexico; and
WHEREAS, this annexation will cause the area south of the City owned lot, west of the
City's current city limits along the Gulf of Mexico shoreline, north of the current city limit
along the northern boundary of Mustang Island State Park, and east of State Highway
361 to be entirely surrounded by the City of Corpus Christi; and
WHEREAS, it has been determined that it would be advantageous to the City and to its
citizens and in the public interest to annex the lands and territory hereinafter described.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council finds the annexation of this tract of land, including the lot
owned by the City, and the surrounding the area located south of the City owned lot,
west of the City's current city limits along the Gulf of Mexico shoreline, north of the
current city limit along the northern boundary of Mustang Island State Park, and east of
State Highway 361 is in the public interest.
SECTION 2. That a 2,282 acre tract of and, more or less, out of William Little Survey
Nos. 593, 594, and 595, James M. Waterberry Survey No. 596, William Little Survey,
Abstract 216, A. B. Davis Survey, Abstract 944 and out of the R. S. Harvey Survey,
Abstract 164, located on Mustang Island, east of and between Corpus Christi Bay and
State Highway 361, and between Mustang Island State Park and the City of Port
Aransas, and including an adjoining lot owned by the City of Corpus Christi between
State Highway 361 and the Gulf of Mexico, which is located between Mustang Island
State Park and the City of Aransas Pass, is annexed to, brought within the corporate
limits, and made an integral part of the City of Corpus Christi. The tract is described by
metes and bounds in Exhibit A and by a map in Exhibit B of this ordinance.
SECTION 3. That a 231 acre tract of land, more or less, out of R. S. Harvey Survey,
Abstract 164, and out of James M. Waterberry Survey, Abstract 408, located on
Mustang Island, between the west right-of-way line of State Highway 361 and the Gulf
of Mexico and north of and adjacent to Mustang Island State Park, is annexed to,
brought within the corporate limits, and made an integral part of the City of Corpus
Christi. The tract is described by metes and bounds in Exhibit C and by a map in
Exhibit D of this ordinance.
SECTION 4. That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit L of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
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otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
SECTION 5. That the owners and inhabitants of the tracts or parcels of land annexed
by this ordinance are entitled to all the rights, privileges, and burdens of other citizens
and property owners of the City of Corpus Christi, and are subject to and bound by the
City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions,
laws, rules and regulations of the City of Corpus Christi and to all intents and purposes
as the present owners and inhabitants of the City of Corpus Christi are subject.
SECTION 6. That the official map and boundaries of the City and its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this ordinance as part of the City of Corpus Christi, Texas.
SECTION 7. That the City Manager or his designee is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extra territorial jurisdiction to add the territory annexed as required by law.
SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of the ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 9. This ordinance goes into effect at 12:01 a.m., December 28, 1999.
SECTION 10. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this
ordinance is passed and all take effe,t upon first reading as an emergency measure
this the `may of coo(JQQ, 1999.
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ATTEST: „ n „ THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
4
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED: This /6,7`tiay of Deccn4e -, 1999:
James R. Bray, City Attorney
By:Vey
R. Re mg
Senior A sistant City Attorney
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Corpus Christi, Texas
day of \��/1�95"'
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
d
Samuel L. Neal, Jr.
Mayor, The City of Corpus
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
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EXHIBIT A
METES AND BOUNDS
AREA "F", TRACT 1
A 2,282 acre tract of land, more or less, out of William Little Survey Nos. 593, 594, and
595, James M. Waterberry Survey No. 596, William Little Survey, Abstract 216, A. B.
Davis Survey, Abstract 944 and out of the R. S. Harvey Survey, Abstract 164, located
on Mustang Island, east of and adjacent to Corpus Christi Bay, and between Mustang
Island State Park and the City of Port Aransas, and including an adjoining lot owned by
the City of Corpus Christi between State Highway 361 and the Gulf of Mexico, which is
located between Mustang Island State Park and the City of Aransas Pass, and more
particularly described as follows:
BEGINNING at a point, the westernmost corner of the A. B. Davis Survey, Abstract 944,
for a corner on the present City limit line, established by Ordinance No. 10007, dated
November 18, 1970, and the west corner of this tract;
THENCE northeasterly along said present City limit line, its curves and its angles, to its
intersection with the present City limit line of the City of Port Aransas, for the north
corner of this tract;
THENCE southeasterly, leaving the present city limit line of the City of Corpus Christi,
and along said present City limit line of the City of Port Aransas, the same being the
northwesterly extension of the southwest property line of the La Mirage Condominium,
and the northeast line of Mariner's Watch Subdivision, to a point on the west right-of-
way line of existing State Highway 361, for the east corner of this tract;
THENCE southwesterly, leaving the present City limit line of the City of Port Aransas,
along the west right-of-way line of said State Highway 361, to its intersection with the
northwesterly extension of the northeast line of a 3.5 acre tract, more or less, now or
formerly owned by the City of Corpus Christi, described in Document No. 1999012218,
Nueces County Deed Records, for an inside corner of this tract;
THENCE southeasterly across State Highway 361 and continuing with the northeast
line of said 3.5 acre tract, more or less, to a point on the present City limit line of the
City of Corpus Christi, established by Ordinance No. 15415 dated March 19, 1980, for a
point on the shoreline of the Gulf of Mexico and an outside corner of this tract;
THENCE southwesterly along said present city limit line on the shoreline of the Gulf of
Mexico, to its intersection with the southeasterly extension of the southwest line of said
3.5 acre tract, more or less, for an outside corner of this tract;
THENCE northwesterly with the southwest line of said 3.5 acre tract, more or less, its
curves and its angles, crossing State Highway 361, to a point on the west right-of-way
line of said State Highway 361, for an inside corner of this tract;
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THENCE southwesterly along said west right-of-way line of State Highway 361, to a
point on the present City limit line of the City of Corpus Christi established by Ordinance
No. 15415 dated March 19, 1980, for a point on the northeast line of Mustang Island
State Park and the south corner of this tract;
THENCE northwesterly along the present City limit line of the City of Corpus Christi, the
southwest line common to R. S. Harvey Survey, Abstract 164 and A. B. Davis Survey,
Abstract 944, to a point for the westernmost corner of A. B. Davis Survey, Abstract 944
and the POINT OF BEGINNING.
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EXHIBIT B
CORPUS CHRISTI
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GULF OF MEXICO
AREA F - TRACT 1
1999 ANNEXATION PROGRAM
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EXHIBIT C
METES AND BOUNDS
AREA "F", TRACT 2
A 231 acre tract of land, more or less, out of R. S. Harvey Survey, Abstract 164, and
out of James M. Waterberry Survey, Abstract 408, located on Mustang Island, between
State Highway 361 and the Gulf of Mexico and north of and adjacent to Mustang Island
State Park, and more particularly described as follows:
BEGINNING ata point, the intersection of the west right-of-way line of State Highway
361 and the north boundary line of Mustang Island State Park, for a point on the
present City limit line, established by Ordinance No. 15415 dated March 19, 1980, and
the west corner of the tract herein described;
THENCE northeasterly, leaving the present City limit line, along the west right-of-way
line of said State Highway 361, to its intersection with the westerly extension of the
south line of a 9.28 acre tract, more or less, now or formerly owned by Facey
Enterprises, NV, LTD, described in Volume 2177, Page 135, Nueces County Deed
Records, for the north corner of this tract;
THENCE easterly, crossing said State Highway 361, with the boundary line of said 9.28
acre tract, more or less, its curves and its angles, to a point on the southwest line of a
51.68 acre tract, more or less, now or formerly owned by Facey Enterprises, NV, LTD,
described in Volume 2104, Page 251, Nueces County Deed Records, for an outside
corner of this tract;
THENCE southeasterly with the southwest line of said 51.68 acre tract, more or less, to
a point on said present City limit line on the shoreline of the Gulf of Mexico, for the east
corner of this tract;
THENCE southwesterly along the present City limit line on the shoreline of the Gulf of
Mexico, to a point on the north line of Mustang Island State Park, for a corner on the
present City limit line and the south corner of this tract;
THENCE northwesterly along said present City limit line, the north line of Mustang
Island State Park, crossing State Highway 361, to a point on the west right-of-way line
of said State Highway 361, for the POINT OF BEGINNING.
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AREA F - TRACT 2
1999 ANNEXATION PROGRAM
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EXHIBIT E
SERVICE PLAN FOR TWO TRACTS OF LAND ADJACENT TO THE CITY
LIMITS ON MUSTANG ISLAND, LOCATED BETWEEN MUSTANG
ISLAND STATE PARK AND THE CITY OF PORT ARANSAS; DESCRIBED
IN EXHIBITS A AND C OF THIS ORDINANCE
Upon annexation of the two tracts comprising approximately 2,513 acres of land, the
City of Corpus Christi, will provide city services by any of the methods by which it
extends the services to any other area of the city. The following is the service plan for
the two tracts in accordance with state statutes to provide the newly annexed areas a
uniform level of services.
As these tracts are developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. Improvements to be constructed include streets, curbs and gutters, water,
wasterwater, drainage and gas service facilities. Items to be provided in the Service
Plan for the annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Christi, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus Christi by
area- extending the current police beat that patrols to the current city limits along the
northern boundary of Mustang Island State Park. Since, except for a single fishing
cabin and the horse stables, the newly annexed area is uninhabited, extension of the
police beat will not reduce by more than a negligible amount the police protection
provided within the City's former boundaries.
2. Fire Protection And Emergency Medical Service
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Christi, Texas. Further,
the City of Corpus Christi Fire Department and Emergency Medical Service will respond
to all dispatched calls and requests for service or assistance within the newly annexed
area. Upon annexation, the newly annexed area will be serviced by the existing staff
and equipment at
will be added to Station 15, _ - _ = = _ = =. Since, except for
a single fishing cabin and the horse stables, the newly annexed area is uninhabited,
providing fire and emergency medical services from Station 15 will not reduce by more
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than a negligible amount the fire protection and emergency medical services provided
within the City's former boundaries.
3. Solid Waste Collection
The City of Corpus Christi provides solid waste services to residential customers.
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to single family residential
customers. Residential customers will be given the option to maintain their current
contract services. Commercial customers will continue to use contract services. There
are no known residential customers within the newly annexed area.
4. Maintenance Of Water And Waste Water Facilities
These tracts are within the service area of Nueces County Water Control and
Improvement District #4 (NCWCID4). NCWCID4 will continue to provide water and
wastewater facilities in this area upon annexation, and will retain title to and will
maintain all facilities owned by it within the newly annexed area. Any and all water or
waste water facilities owned or maintained by the City of Corpus Christi, Texas, at the
time of the proposed annexation shall continue to be maintained by the City of Corpus
Christi, Texas. Any and all water or waste water facilities which may be acquired
subsequent to the annexation of the proposed area by the City shall be maintained by
the City of Corpus Christi, Texas, to the extent of its ownership. Due to the existing
water supply contract between the City and NCWCID4, any existing City owned water
line mains are not available for point of use extension. Individual septic systems may
be acceptable if State standards are met and approved by the City/County Health
Department.
5. Maintenance Of Roads And Streets
Responsibility for and Any -and all public roads, streets, or alleyways which are
dedicated to or owned by the Nueces County, City of Corpuc Chricti, Texas, or which
arc owncd by the City of Corpus Christi, Texas, shall be assumed by the City. The City
will maintained to the same degree and extent that other roads, streets,. and alleyways
are maintained in the City. Any and all lighting of roads, streets and alleyways which
may be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Christi, Texas,
pursuant to the rules, regulations and fees of such utility.
County to the City and City's acceptance of the rights of way.
6. Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
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such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Christi, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Christi, Texas are maintained.
7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Christi, Texas, is not aware of the existence of
any publicly owned facility, building, or other municipal service now located in the area
proposed for annexation, other than beach cleaning. In the event any such publicly
owned facility, building, or municipal service does exist, is a public facility dedicated to
the City of Corpus Christi, such facilities, buildings, or municipal services are accepted
by the City of Corpus Christi and will be maintained to the same extent and degree that
publicly owned facilities, buildings or municipal services of the City of Corpus Christi,
Texas are maintained. Upon annexation, the City will assume responsibility for beach
cleaning, which will be accomplished either under contract or with City forces. In
addition, the City will provide vector and animal control services upon annexation.—The
City will add a
programs during the yc\ar to increace the services being provided.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
1. Police Protection And Fire Protection
The City Council of the City of Corpus Christi, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 1/2 years of the
effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Christi, Texas, with the same or similar topography, land use and
population density.
2. Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Christi, Texas, finds and
determines that NCWCID4 water service and water mains and wastewater collection
lines exist for points of connection for serviceable extensions to provide service within
the area to be annexed. Unless the City's water supply contract with NCWCID4 is
amended and an extension of service is authorized by the Texas Natural Resource
Conservation Commission, the City will not extend water of wastewater lines into the
area to be annexed.
3. Roads And Streets Lighting
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Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of
lighting for properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub -development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Corpus Christi, Texas, for a properly dedicated street.
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Christi, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Corpus Christi, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
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